Remittance Basis Tax - Overseas Purchases

JulesT

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For remittance basis tax: how does it work for purchases made outside Ireland with foreign income and delivered/brought to Ireland (setting aside any issues of import duty & VAT)?
Should the value of the items be declared on the Form 11 for tax on remittance basis?
Does it make any difference whether items are ordered on-line for delivery to Ireland (say… on Amazon.de), or bought outside Ireland and brought back in person (say… from GB or Northern Ireland)?
Thanks
 
Yes - that is income remitted to Ireland and needs declaring on form 11.
Makes zero difference how they are ordered - if you bring them and use them into Ireland - you have remitted the income.
 
On a similar note, is booking a one way flight to ireland while on holiday abroad using funds from foreign bank account considered a remittance?
 
The relevant legislation is Taxes Consolidation Act 1997 s. 71.

Under subsection (1) the default rule is that the full amount of income arising from property/investments held outside the state is subject to income tax.
However sub (2) creates an exception; it says that sub (1) doesn't apply to someone who satisfied the Revenue Commissioners that they are not domiciled in the state.

Sub (3) sets out the alternative rule which is to apply in that case: tax is to be computed on the full amount of the actual sums received in the State:
  1. from remittances payable in the State, or
  2. from property imported into the State, or
  3. from money or value brought into the State arising from property not imported, or
  4. from money or value received in the State on credit or on account in respect of expected remittances, property, money or value brought into the State
Assume your foreign income is dividends paid on shares held abroad.

Item 1 will subject you to tax if you receive a cheque, transfer, etc sent from abroad representing some or all of your dividend income

Item 2 will subject you to tax if you spend your dividend income on property/goods of any kind, and then import that into the state.

Item 3 will subject you to tax if you use your dividends to buy property/goods abroad, do not import that, but then rent it out or sell it or otherwise derive money from it, and bring that money into the state. Note that this could happen years after you earned the income and bought the property; it's still a remittance which is taxable in the year that you bring it into the state.

Item 4 will subject you to tax if you receive borrowings in the state (could be from an Irish lender; could be from a foreign lender; doesn't matter) on the strength of your investment income/property that you haven't imported. So if you borrow from the bank, saying "I'll pay you back out of my overseas dividends/property when I'm no longer resident in Ireland" that doesn't work; the borrowing will be treated as a remittance. If you have a credit card issued by a foreign bank and you use it to pay for good/services received/consumed in Ireland, settling it out of your foreign dividend income — that's a remittance, and it's taxable.

But you avoid tax if you receive the value of the income abroad and keep it abroad, even if you consume it abroad. So if you leave Ireland for a holiday abroad and, while abroad, use your foreign dividend income to pay your hotel bills, restaurant bills, car hire, theatre tickets and enormous bar bill, that's fine; no liability to Irish income tax. (Don't use it to pay for souvenirs that you will bring back to Ireland, though.) You own a house in your home country and you use your dividend income to pay expenses associated with that house — rates, water bill, maintenance, occasional check by a caretaker; that's fine. Similarly you can use your foreign income e.g. to pay for services that you receive abroad. The Spanish lawyer you hired to smooth over that embarrassing little incident in Barcelona involving an exotic dancer and a goat? You can pay him, no problem.

Airline tickets between Ireland and abroad might be a bit of a gray area. I would say that if you use your foreign dividends to pay for a flight from Dublin to Paris, that's value brought into the state because the flight originates in Dublin and the cost is payable here. But if you book a flight from Paris to Dublin there's at least an argument that you haven't brought value into the State — by the time you land, the value of the flight has been entirely consumed and therefore you are not bringing anything in.
 
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That's interesting. I wonder what happens to cash, eg. if you withdraw cash abroad and spend it abroad, how can be proven that you spent it abroad ? If you use a card it's easily proven, but cash ?
 
This came up on another thread but I'd appreciate your view @TomEdison

Assume an Irish-resident is a non-dom and has foreign income. He has an account with an Irish and a German neobank both of which he accesses via phone app and spends/withdraws via physical card.
Scenario A: he receives the money to an Irish-based neobank and spends the proceeds entirely outside Ireland
Scenario B: he receives his income to a German-based neobank and spends the proceeds entirely outside Ireland

Is it correct that Scenario A involves remittance and therefore income tax liability in Ireland but Scenario B does not? Even if in substance the only difference is where the neobank is licensed and registered?
 
That's interesting. I wonder what happens to cash, eg. if you withdraw cash abroad and spend it abroad, how can be proven that you spent it abroad ? If you use a card it's easily proven, but cash ?
I'm talking here about your liability to income tax, not about whether you can evade that liability.

You can go to your bank in Monte Carlo, draw a suitcase full of cash, and travel with it back to Dublin. Your chances of being found with the cash at Dublin Airport are pretty low. And you can lie by omission about this particular remittance on your tax return. I think you'd probably get away with it — as in, it wouldn't be detected by the Revenue. The big cash withdrawal in Monte Carlo would trigger alerts in the banking system in Monaco/France, but this would mainly engage the attention of authorities concerned with money laundering/proceeds of crime. Word might get back to the Revenue in Ireland; on the other hand, it might not. Even if it did, if you had a plausible explanation for what you did with the money that didn't involve remitting it to Ireland ("I was paying off my debts to a Hong Kong gambling syndicate who had become, um, unreasonable pressing in their demands") there wouldn't be a great deal the Revenue could do about it.

But, to be clear, you would have a liablity to income tax in this situation. You would just be illegally evading that liablity.

Is it correct that Scenario A involves remittance and therefore income tax liability in Ireland but Scenario B does not? Even if in substance the only difference is where the neobank is licensed and registered?
I agree that scenario A involves remittance, and therefore tax liablity. I think the key issue is where the neobank does its business — it may not have branches that customers can visit, but it will have a physical centre of operations. And that will be where it is licensed/registered/regulated.

Scenario B would only involve remittance if, although you spent the money outside Ireland, you spent it on property in, or that you brought into, Ireland, or otherwise spent it in a way that delivered value to you in Ireland.
 
I agree that scenario A involves remittance, and therefore tax liablity. I think the key issue is where the neobank does its business — it may not have branches that customers can visit, but it will have a physical centre of operations. And that will be where it is licensed/registered/regulated.
I find these distinctions almost theological in this day and age! Neobanks have activities and customers spread across borders. My own view is the “centre of interests” test is in which country the deposit guarantee scheme the funds are covered under ultimately.

I won’t be a non-dom but will have pension income in two currencies from three jurisdictions. I’ll probably manage this with neobanks in one or two jurisdictions outside Ireland. Assessing what exactly is and what isn’t remitted would be a pure exercise in form over substance.
 
If you are domiciled and resident in Ireland, your world-wide income is taxable in Ireland - not matter where it is
 
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